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(영문) 대구지방법원서부지원 2014.11.04 2014가단2352
소유권말소등기
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 27, 2007, the networkF died and succeeded to the Plaintiffs, G (former name H), and I’s net F. The networkF died on October 15, 2013, and succeeded to the network I by the Plaintiffs, siblings, and G, and the Defendant’s children.

B. The registration of ownership transfer was completed in the Defendant’s future on August 1, 2007 on the ground that the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the networkF was inherited due to the division held on April 3, 2007, as of August 24, 2007, and the registration of ownership transfer was completed on August 1, 2007.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the contract was concluded on August 1, 2007 between the deceased I and the defendant on the instant real estate (hereinafter "the instant contract") as follows.

1) In the first place, the deceased I transferred the ownership of the Defendant under the instant sales contract, but the Defendant, as the deceased I’s heir, failed to pay KRW 81 million to the deceased I, the above sales contract was cancelled as a preservation act for the jointly-owned property, and sought cancellation of the registration of transfer of ownership in the name of the Defendant on the instant real estate as the restitution of its original state. 2) In the second place, the Defendant had not paid the instant purchase price to the deceased I, and thus, the Plaintiffs, the heir of the deceased I, seek payment of the purchase price corresponding to their respective inheritance shares.

B. We examine whether the instant sales contract was concluded between the deceased I and the defendant, such as the plaintiffs' assertion.

However, according to the evidence Nos. 5, 6, and 10 as seen earlier, the Plaintiffs, G, and the network I, who are the heir of the networkF, have transferred the ownership of the instant real estate due to the instant sales contract.

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